MESSAGE
| DATE | 2002-05-08 |
| FROM | Ruben I Safir
|
| SUBJECT | Re: [hangout] Content Control and Boucher
|
I'm sending this on to Lamar Robertson in Weiners office.
Everyone can say hello and introduce...
On 2002.05.08 10:43 Seth Johnson wrote:
>
> Very good statement, Ruben!
>
> Seth Johnson
>
> Ruben I Safir wrote:
> >
> > I feel like I'm missing some of this conversation
> > somewhere, but instead of answering every subparagraph
> > of this conversation, let me just try to focus on a few
> > doable points, and how I think we need to procede.
> >
> > It's now early in the morning and I just came home from an
> > NY Fair Use meeting and we have been actually discussing this
> > in detail over the last few hours.
> >
> > First, let us look at the threat that the Hollings Bill and
> > the DMCA present to Free Software. Even under the DMCA, if the
> > major manufactorers chose to end free software, they can simply
> > by running encryption on any copyrighted part of the system,
> > especially, the system BIOS. Simply, the machines can be constructed
> > in such a way, that booting anything other than an approved opperating
> > system would be a felony under the DMCA. If you listen to the DMCA
> > fair use exemption hearings at the LOC, this becomes clear. It's just
> > a matter of time when this is implemented. Such is the nature of the world.
> > When the ATM machines first came out, banks begged people to use them
> > instead of tellers because of the cost savings. Immediately an issue came up
> > if such a service would be changed for. And initially they didn't change for
> > the service until they paved the way for the public to accept a $2 fee for
> > every ATM transaction. Eventually, it has happened, and today it's nearly
> > impossible to use an ATM, or the bank for that matter, without this additional
> > fee.
> >
> > The same will happen with copyrighted bios. Today the public would be outraged
> > if MS and Intel prevented other OS's from being installed on the system.
> > But already MS is re-educating the public about the property rights of their
> > PC, and making claims that only their OS is authorized on machines (see the
> > recent flap about schools getting donated systems on slashdot). MS is moving
> > rapidly to a model of "OS assurance" and "Automatic upgrades" in the name of
> > security and content management protection.
> >
> > The Hollings bills, by whatever name they are this week, are legal enforcement
> > mandating the worse case senerio of the DMCA. It will end Free Software the
> > moment it is passed because it demands secret control of your system to protect
> > copyright monopoly franchises. Free Software can't be secret...
> >
> > So now the issue is, now that these bills, and other legislative and
> > regulartory activities are removing the basic property rights, and
> > free speach rights, of PC owners, what do we do.
> >
> > Strangley enough, we MUST stop chasing out tail.
> >
> > We tend to respond (ineffectively I might add) to one ruling and bill after the
> > next. And we have to broaden our constituency.
> >
> > Tony pointed out, quite correctly, that the Hollings bill is ultimately
> > a starting point of for re-eduation of the public and a negoiating point for
> > the assult on the 4th and 1st ammendments. And, as I can see it, the courts
> > are not prepared to uphold the publics interest in the face of legistlation
> > which prevents wiretapping and property damage to privately owned computers
> > with regard to monopoly franchises. We need to go on the offensive and turn
> > the tables. We need to control that language used in debate and discussion
> > of these issues, and we need to proactively present bills which redifine
> > Copyright in statutary law. For one thing, we need to alway publically
> > say, that is a law is passed, which prevent your full use to enjoy information
> > legally aquired through purchase or borrowing, that is just like as if
> > someone knocked down your door and stole your computer, music and books.
> > We need to say it imediately, constant and often, because this is JUST what
> > Adboe and Time-Warner said accessing a DVD does. They litterly say we're
> > stealing. So we need to turn it around and point out that if someone
> > does actually break into your house and steal all your DVD's that the
> > individual calls the cops and reports the theft, not Time-Warner.
> >
> > In addition, we need to introduce a new bill which will protect fair use
> > and property rights. The bill, if crafted correctly, will fortify the courts
> > in protecting individuals against 4th amendment abuses, defuse the DMCA and end
> > a whole slew of unethical activities by executive branch of government,
> > and Congress.
> >
> > Jeanne Thewell, who is someone I would trust my life with, is a lawyer working
> > with NY Fair Use to draft such a bill. (thelwell-at-mindspring.com).
> >
> > The broad outline of the bill is as follows:
> >
> > The legislation to be drafted will accomplsih the following main stream objectives which
> > all reasonable people can expect:
> >
> > All copyrights to individual scores, writings, and recordings will be returned to the
> > original artist after a period of 10 years.
> >
> > No technology can be deployed which spies on, wiretaps or descloses privately owned information
> > which is stored on digital devices by any government agency or private 3rd party without the
> > issuance of a publically pronounced annd disclosed warrant l limited to a specific criminal
> > investigation.
> >
> > All copyright cases must prove, prior to a judgement of guilt, proof that the actions in question
> > did not infringe on Fair Use, and the individuals rights under the 4th and 1st ammendment of the Bill
> > of rights US Constition.
> >
> > Ownership of all physical media and devices to read such media, is the sole property of the purchaser
> > of the media, without an expressely negotiated and signed contract between both the copyright holder
> > and the purchaser.
> >
> > No technological software or hardware method can be deployed in a digital product available for normal
> > retail sale which inhibits in any way the full enjoyment of the property by the purchasers, regardless of
> > any agreement between the designer of the hardware or software products. Such agreements are null, and
> > not contractable.
> >
> > Copyright is an exception to Fair Use as it limited the ability for individuals to enjoy their private
> > property and express themselves with the use of such copyrighted materials. Fair Use is a doctrin to be
> > based on the 4th and 1st amendments of the Constitutions.
> >
> > Individuals have the right to express themselves to others about the means, mechanism and workings of
> > all digital devices, including but not limited to discussion on how to make fair use of media, how to
> > improve such devices, or to reverse engineer all such devices and the allgorithims which are used to
> > help them display, copy or run media.
> >
> > We need to get as many big guns on this as possible and then relentlessly campaign, actively working to
> > elect supporters and unelect opposition. In fact, we should look to defeat, not just the proposed spyware
> > legistlation, but also defeat Senator Hollings
> >
> > WE CAN force him from office, because he's a radical.
> >
> > Finally, the issue of developing friends and allies.
> >
> > They have to be cultivated. Boucher is not powerful by himself, but if
> > we get Weiner to become vocal on this issue as well, we WILL turn the tied,
> > especially since Weiner was Chuck Schumers chief of staff. Right now, we need
> > to find him, where ever he speaks, and ask him about this issue, over and over
> > again.
> >
> > ALL POLITICS is LOCAL.
> >
> > I'd love to expand on how to target a congressmen. It's got to be done
> > like Tammany Hall, machine politics, in the neighborhoods, and focusing on
> > not only software, but the effects on education, libraries and wiretapping!
> >
> > Ruben
> >
> > ____________________________
> > New Yorker Linux Users Scene
> > Fair Use -
> > because it's either fair use or useless....
>
> --
>
> [CC] Counter-copyright:
> http://cyber.law.harvard.edu/cc/cc.html
>
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Fair Use -
because it's either fair use or useless....
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